(ii)at the end insert “; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases”.

(3)In section 29A (cases before Tribunal: supplementary provision)—

(a)in subsection (1), after “the second condition for disqualification” insert “or, as the case may be, the third condition for disqualification”;

(b)after subsection (1), insert—

“(1A)A body corporate entitled, by virtue of section 43 of the Dentists Act 1984 (c. 24), to carry on the business of dentistry is to be treated for the purposes of this group of sections as meeting the second condition for disqualification or, as the case may be, the third condition for disqualification if any director meets that condition (whether or not he first met that condition when he was a director).”;

(c)on inquiring into an unsuitability case, that the person meets the third condition for disqualification”;

(b)for subsection (2), substitute—

“(2)The Tribunal shall disqualify him for inclusion in—

(a)the list to which the case relates;

(b)all lists within the same paragraph of subsection (8) of section 29 as that list; and

(c)where the list to which the case relates is a list referred to in—

(i)paragraph (c) of that subsection, all lists within paragraph (cc) of that subsection;

(ii)that paragraph (cc), all lists within that paragraph (c).”;

(c)in subsection (4), for the word “any” substitute “a”.

(5)In section 29C (conditional disqualification)—

(a)in subsection (2)—

(i)the word “or” following paragraph (a) is repealed;

(ii)after paragraph (b), insert “;

(c)ensuring that the person—

(i)performs, undertakes to provide or assists in providing only services specified (or of a description specified) in the condition;

(ii)undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified)”;

(b)in subsection (5)(aa), for the words “17P” substitute “17F, 17P or 17X or this Part”.

(6)In section 32(2) (regulations: inquiry into more than one category of case), for the words “both an efficiency case and a fraud case” substitute “an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case”.

(7)In section 32A (interim suspension by the Tribunal)—

(a)in subsection (2), for the words from “services” to the end substitute “—

(a)services of the kind to which the case in question, or the case to which the review in question, relates; and

(b)if the services are either general dental services or personal dental services, both general dental services and personal dental services.”;

(c)in subsection (6)(a), for the words from “a list” to “services” substitute—

“(i)a list of persons performing;

(ii)a list of persons undertaking to provide and of persons approved to assist in providing,

services”;

(d)after subsection (6), insert—

“(7)Regulations may provide that where a Health Board, in accordance with regulations made under section 17F, 17P, 17X, 25(2) or 26(2), suspend a person from a list prepared under regulations made under the section in question and the Board apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determine the application.”.

27Corresponding provision in England or Wales or Northern Ireland

For section 32D of the 1978 Act (suspension provisions in England and Wales or Northern Ireland), substitute—

“32DCorresponding provision in England or Wales or Northern Ireland

(1)This section applies where it appears to the Scottish Ministers that there is provision in England or Wales or Northern Ireland under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under sections 29 to 32B.

(2)A decision in England or Wales or Northern Ireland to deal with such a person in such a way is referred to in this section as a “corresponding decision”.

(3)If this section applies, the Scottish Ministers may make regulations providing for the effect to be given in Scotland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under section 29C or (so far as relating to conditional disqualification) 30 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Scottish Ministers.

(4)That effect need not be the same as the effect of the corresponding decision in the place where it was made.”.

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